STATE OF UTTAR PRADESH AND ORS. versus DR. ANUPAM GUPTA ETC.

Citation: [1992] 1 S.C.R. 643 · Decided: 13-02-1992 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

cites 1 · see the full citation network in Lexace

Judgment (excerpt)

STATE QF UTTAR PRADESH AND ORS. 
A 
v. 
DR. ANUPAM GUPTA ETC. 
FEBRUARY 13, 1992 
[K. RAMASWAMY AND K. J. REDDY, JJ.] 
. 
"' 
B 
Professional Colleges-Admission to. 
• 
U.P. Universities Ac4 1973: Section 28(5) & G.O! 421$ dated August 
22, 1989-Admission-Medical courses-PG Diplomtt-50% marks at C 
entrance examination-Condition precedent. 
Practice & Procedure · 
Professional Colleges-Atb11ission-Vacancies of seats-No ground for 
High Court to direct admissio11 of students. 
D 
Section 28(5) of the U.P. Universities Act, 1973, as amended by the 
Amendment Act of 1980, which came into force from January 1, 1979 
empowered the State Government necessary with retrospective effect, to 
regulate by a notification, the admission to medical and engineering col-
leges as well as to courses of instructions and the number of students E 
therein •. 
Exercising power under section 28(5) G.0.4215 dated August 22, 
1989 was issued by the State Government to enforce junior residen-
cy/senior residency and dental residency scheme in all Government 
Alopathic Medical Colleges and affiliated degree colleges and hospitals F 
prescribing the eligibility for selection/examination and fixation of seats of 
various degrees and diploma courses therein. The procedure for selection 
of the candidates for the scheme was prescribed by clause 3 and sub-clause 
( e) thereof provided that residents be selected departmentwise in tlte 
colleges under the said scheme and registration shall take place on the G 
basis of merit-cum-option, merit being ascertained on the basis of 50% of 
marks obtained in the competitive examination and 50% of the total marks 
obtained in M.B.B.S. examination. This scheme was further amended by a 
notification No. 8390 dated October 9,1990. 
In the Press Note issued inviting application for the entrance ex- H 
643 
644 
SUPREME COURT REPORTS 
[1992) 1 S.C.R. 
A 
aminali8" of the ~r 1990, no mention was made that the candidate shall 
secure tiie' dtlnlmuiit 50% ol' the marks in the entrance examination to be 
held 011,,Me.'lf, t9ilo •. ,,,u~, .~owever, in the ~ubsequent press note issued 
before bohtllig1fllie11a~on on September 30, 1990, it was stated that 
' 
B 
as per G.0., No. tast dated F~bruary 20, 1990, the eligibility criteria for 
admission tti tl1.llgl'lldualc courses shall be for general candidates a 
minimum. orew. marks 11nd 'fflr the candidates of the reserved category 
(Schedllleil.1Castes and Scheduled Tribes) a minimum of 40% marks 
secured al P£·M.t.t. Candidates belonging to SC/ST shall also be given 
welghtage of 1.65% of the maximum marks of the competitive entrance 
examinatioJ (i.e. 50 mark.~) for ranking them in the merit list for admis· 
C slon to the posi!ll'\lduate course. 
n· 
E 
F 
The respondents in the appeals had completed their internship. They 
appeared' ftw lhe Post Graduate Medical Entrance Examination on Sep· 
iember 30, 19911 f'or admission into the postgraduate degree and diploma 
courses in opecialities. The respondents were denied admission in the 
post-graduate course due to their failure to secure the minimum 50% 
qualifying marks In the Entrance Examinations. 
They filed writ petitions in the High Court assailing the denial 
thereof, as offending Articles 14, 15(1) and 29(2) of the Constitution. The 
High Court allowed the writ petili0n and directed the State Government 
to grant admission in the Allahabad and Agra Medical Colleges in the 
Gynaeeology and Obsterics degree courses to which they had given their 
options. The High court upheld the validity of the prescription of 50% of 
the minimum marks as eligibility criteria. But on the finding that there 
are •vacant seals available for admission, directed those seats to be given 
to the respondents. 
The State filed the appeals in this Court. On behalf of the respon· 
dents it was contended that the initial press note inviting applications for 
the entrances examination did not say that 50% minimum mark.' in the 
G entrance examination as a condition for admission into the postgradua· 
tion, and therefore denial of admission for non-securing 50% cut off in 
entrance examination was illegal. 
On behalf of the State it was contended that this contention was not 
raised before the High Court, and should be disallowed. It was further 
-,.. 
H contended that the course started from October 30, 1990 and in terms of 
•. 
STATE v. DR. GUPTA 
645 
the orders of this Court it would be deemed to have been commenced from A 
May 2, 1990, 

Excerpt shown. Read the full judgment & AI analysis in Lexace.